Month: March 2018

Preface: On The Comments Of The Day Regarding “Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org”

/ Jack Marshall / 2 Comments

The recent post on the incredibly annoying Change.Org petition backing the “March For Our Lives’ sparked two epic Comments of the Day. I am gratified. That idiotic petition was signed by one of my favorite people alive, and this both inspired the post and made me depressed even before my left-wing Facebook friends started making one terrible argument after another in defense of the thing. (Not  a word from the signee. I have a feeling she was so moved by her two teenagers, even though she knows better. I hope that is the excuse. Creeping dementia would be the only other explanation.)

This is a strange issue: the ethics really orbit around tangential matters rather than the alleged controversy itself. The Second Amendment isn’t going anywhere, no matter how loud the screams are or how many demonstrations there are. As is often noted on Ethics Alarms, I am not interested in abstract ethics without real life consequences; indeed, ethical formulas that only work in theory aren’t ethical. To me, the ethics issues following the Parkland shooting are,

  • The cynical exploitation of the children by the Left
  • The equally cynical, and unwise, hesitation to hold them accountable for their worse excesses in rhetoric
  • The recycling of bad statistics and demonstrably (and demonstrated) bad arguments that have been used before to mislead and frighten the public, and
  • The unethical cheerleading  for the anti-gun position by the news media and pundits.
  • The unusually vivid disconnect between the actual facts of the Parkland shooting and the measures being “demanded” in its wake.

The fake controversy—Should the United States allow law-abiding citizens to arm themselves with reasonably state-of-the-art firearms for whatever lawful purposes they decide are necessary and to the extent those citizens feel necessary?—isn’t on the table. This is the United States of America, and that question was answered long, long ago. As long as it is the United States of America, the answer will be the same. Those sufficiently unwilling to accept that fact really are well-advised to consider Australia. I don’t say this as a “Love it or Leave it” rebuke. I’m sorry such people don’t like the basic values and culture of the country, but I would have a similar suggestion for a friend who is determined to keep protesting that the U.S. should make its national language Danish, except, of course, then I would recommend repatriation to Denmark.

The two comments will follow now in successive posts without further musings by me…

The Brutal Ethics Truth About “7 Brutal Truths That Will Make Your Life Better If You Accept Them”

/ Jack Marshall / 28 Comments

All looks yellow to the jaundiced eye.

Conservative writer John Hawkins published a post called “7 Brutal Truths That Will Make Your Life Better If You Accept Them.”

If I were as cynical as he is, I might say that a better title would be “How to Rationalize Being a Jerk,” but I’m not.

However, his post does demand some ethical perspective. Most, though not all, of his truths are really constructs to justify unethical conduct. Let’s examine them:

1. The average person cares more about what he eats for lunch than whether you live or die.

Maybe, and so what? That doesn’t mean that you should emulate them.  To begin with, there is no “average person.” There are individual people, good, bad and in-between. Hawkins writes,

“You tell the average person that doesn’t know you very well that you have a fatal disease and he’ll say, “I’m so sorry to hear that.” Then he’ll forget about it in five minutes while he debates with his friends whether they’re going to Chili’s or the Mexican restaurant down the street. What that means is that everything you want out of life, you better prepare to earn without getting a lot of favors on the way. If you fall, you have to be the one to pick yourself up off the ground, brush yourself off and get your life back on track. You care. They don’t. So it’s up to you.”

But the a stranger doesn’t always react that way. Sometimes he gives you his kidney. Hawkins is supplying an excuse to be callous based on a Golden Rule Distortion: “Do Unto Others As They Would Do Unto You.” Don’t listen to him.  Care about other people, and don’t hesitate to ask for help. People are better than you think: they will surprise you. In the meantime, it is your job to be as good as you would like them to be.

2. Life is not and will never be fair

I’ve written about this recently: fairness is a vague and broad concept in ethics. Life isn’t “fair” because life is often random, and nobody is tending the fairness meter. Systems either are fair or are not depending on your point of view. The mainstream conservative view about fairness is that one should play the cards one is dealt and stop complaining about it. It’s facile, though not without some truth: it is better to spend time trying to overcome obstacles than to bitch about them. On the other hand, each of us has an obligation to make the world better for those who follow us. Genuine unfairness, in systems, institutions, the culture and society, should be exposed, attacked, and fixed if possible. Hawkins’ approach would have left the U.S. with slavery, second class citizenship for women, Jim Crow, straight-only marriages, age discrimination, brutal monopolies and unchecked consumer fraud. His #2 is a license to be callous.

3. Most people are shallow

What an elitist and ignorant thing to say. If one has spent any time talking to and getting to know a wide range of people, it becomes clear that the opposite is the case. Again, assuming that most people are shallow provides Hawkins with an excuse to ignore them, or treat them with contempt. Most people will tend to behave as if they are shallow because they are rushed, stressed, distracted and focused on short-term exigencies. Give them time to think, a reason to consider a topic carefully, and the respect they deserve, and frequently unexpected depths will reveal themselves. “Most people are shallow” is a crippling bias for anyone to adopt. Expect the best of people: you will often be disappointed, perhaps, but you will also allow validations of your faith in humanity to bloom.

Writes Hawkins:

“So, use the shallowness of other people to your advantage. Learn to dress like a successful person. Pay attention to how you look. Find ways to give off the appearance that you are doing well. Don’t be a phony—be you, but also take advantage of the fact that a superficial appearance will be the reality to most people.”

Let’s see: pretend to be a successful person, but don’t be a phony; be you, but try to fool people by not revealing who you are. What?

People don’t assume that people who dress well,  speak well,  have manners and behave in a civilized fashion are successful because they are shallow. They assume that because they have learned from experience that certain traits both aid success and result from it.  Hawkins is the one revealing shallowness. Continue reading →

Morning Ethics Warm-Up, 3/25/18: “March For Our Lives” Hangover Edition

/ Jack Marshall / 19 Comments

Good Morning!

1 Exploitation carnage. I feel so sorry for David Hogg. No teenaged male so obviously locked into the arrogation asshole stage of the maturation process, should be exposed to public scrutiny like this. His intemperate and foolish rhetoric will haunt him for the rest of his life. He will either be humiliated when his brain cells kick in, or he will develop into a full-fledged monster. What if he wants to go in a different direction in his life and career? I wouldn’t hire him. Who would? He’s restricted to left-wing activists until he changes his name or does a high-profile mea culpa and goes on a reinvention tour. Celebrity, as Paul Petersen has spent his life trying to teach us, is disastrous for kids; never mind: the cynical, ruthless partisan operatives who made Hogg into their weapon and shield don’t care about him, just the momentary political advantages he represents. When he is chewed up and spit out, as he certainly will be, they will have forgotten his name.

2. A half-Fick sighting! A (she says) transgender woman who calls herself “Lauren” on Twitter claimed to be drugging attendees of a conservative conference in Phoenix, Arizona yesterday, tweeting

“I love my job at the phoenix convention center starbucks and i love slipping my spare estradiol pills in the coffee of anyone wearing a #WesternConservativeConference lanyard.”

Big Data Ethics: The Facebook-Cambridge Analytica Affair

/ Jack Marshall / 8 Comments

This is supposedly the big ethics story of the past ten days. There are ethics elements involved, but the main ethics stories are how the facts are being spun to try to make this yet another example of sinister doings by the Trump campaign, and how incredibly incompetent and naive social media users are.

In 2016, the Trump presidential campaign paid about $6 million to a firm called Cambridge Analytica to put together a voter database with profiles to allow targeted messaging. Global Science Research was hired by the firm, and reportedly paid Facebook to post a personality quiz and an app that 270,000 Facebook users ultimately consented to. The app allowed the firm to harvest personal likes, attitudes and preferences from 50 million Americans through access to the consenting users Facebook friends. Originally we were told that Cambridge Analytica had used all of that data to target voters during the 2016 presidential election, but that claim seems increasingly dubious. The Trump campaign ended its relationship with the firm well before the election.

Facebook claims it was lied to, and has now banned the firm, which could be fairly classified as misdirection. Facebook, as it has done before on its own, permitted its platform to be used to gather psychological profiles on its users without full disclosure regarding what the data would be used for.  Now Facebook stock is plunging in the U.S., Facebook advertisers are leaving, some users are leaving too, and Congress wants hearings.

What’s going on here?

  • If, in fact, Facebook was deceived into allowing the quiz, that was unethical. Gathering data through such means is not illegal, however, and the ethics of Big Data gathering and analytics are murky at best. The legal profession, for example, has no clear regulation of it or guidance from bar associations.

Facebook did not inform users whose data had been harvested, and that could violate laws in Britain and some  states.

  • The tenor of much of the news reporting and punditry, however, has been  pure fear-mongering and hyperbole. That Cambridge Analytica was evil is presumed, I gather, from the fact that Steve Bannon was one of the founders. The New York Times in various articles described the data gathering as an invasion of “private information,” which is an inflammatory and misleading description, and described “misuse” of the information, as if such use isn’t routine in 21st Century commercial marketing. Here’s the Times, for example,

“The researcher hired by Cambridge Analytica, Alexandr Kogan, told Facebook and his app’s users that he was collecting information for academic purposes, not for a political data firm owned by a wealthy conservative. Facebook did nothing to verify how the information was being used.”

Ah…if it’s for a firm owned by a wealthy conservative, that makes the data gathering sinister, I guess.

  • It is unethical not to let people know why their preferences are being requested, and how they might be used, except that a strong argument could be raised that anyone who didn’t know they were creating a Big Data-base for Facebook is too naive to be allowed on the web without a leash.  Facebook isn’t free: providing data is one of the ways users pay for it. There has certainly been plenty of publicity about this, and it’s not just Facebook. Google, Amazon, Twitter: this is what these companies do.

If it were possible to feel sorry for Mark Zuckerberg (it isn’t) one could conclude that the massive backlash he is receiving is contrived and unfair.

  • The episode is also being called a “breach,” as if there was hacking, or information was stolen.

There was no “breach.” Continue reading →

Morning Ethics Warm-Up, 3/24/18: Ethics Musings While Not Marching [UPDATED]

/ Jack Marshall / 34 Comments

http://www.youtube.com/watch?v=JB-tGl7PbgA

A Good Saturday Morning To All!

[If you had a speech impediment and lisped your “s’s”, would you choose this song as your only solo among the repertoire of your singing group? Why didn’t Karen tell her bother? This has mystified me for decades…]

1  It’s irrational and pointless fury day in D.C. Today hundreds of thousands of intellectually dishonest, ignorant or purely emotional citizens will be doing the equivalent of screaming at the sky to call for “something” to be done about gun violence., because “think of the children.” Yes, I think that’s a fair characterization.

Given the chance to suggest actual measures that would stop the equivalent of the Parkland shooting, one of my usually rational but currently virtue-signalling-to beat-the-band friends really made this pathetic argument in response to a Facebook post that was a shorter, gentler version of what I just posted on Ethics Alarms: ‘Where is your empathy? Would you feel this way if your son had been killed in the Parkland shooting?”

Can you believe that? “How would you feel if you were so emotionally ruined, angry and despairing that you couldn’t think straight?” Why, I believe that I would be so emotionally ruined, angry and despairing that I couldn’t think straight—and thus useless to any serious and objective public policy discussion. As I told my friend, when “Why can’t you be irrationally and emotionally biased like the rest of us?” is your reflex rebuttal, you’ve got nothin.

2. Related: YouTube is banning gun instructional videos. This a part of a growing trend in the online platform world to attempt to constrict information and discourse according to ideology and partisan preferences. There is no more justification for banning how-to videos about guns than there is for banning how-to videos for chain-saws. The social media companies are going to have to be regulated as common carriers, or the right of free speech and access to information will be slowly strangled by these left-wing, high-tech, useful idiots.

3. From the ” Tragic Misunderstandings of the Cognitive Dissonance Scale” files. Lindsay Lohan is the new spokesperson for Lawyer.com. What, O.J. wasn’t available? Continue reading →

Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org

/ Jack Marshall / 19 Comments

This page, the petition for gun control to “save our children” is what earns the “honor.” I see many Facebook friends, many on whom are genuinely gifted intellectually, surrendering to emotion and signing this junk, as junk it is. The petition neatly encapsulates the serial intellectual dishonestly,  misleading rhetoric and appeal to emotion that we will see bloviated all over the National Mall this weekend: I guess that has some value for historical purposes. Otherwise, it is an engine of ignorance designed to either attract the ignorant, make the less ignorant more so, or deceive.

Let’s look at this mess, shall we?

In the tragic wake of the seventeen lives brutally cut short in Florida, politicians are telling us that now is not the time to talk about guns. March For Our Lives believes the time is now. Created by, inspired by, and led by students across the country, we will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

Nobody is saying that “now is not the time to talk about guns.” Who has said that? The statement is straw man. Agreed: now is a good time to talk about anything: guns, pangolins, acne, cabbages and kings. We have a First Amendment as well as a Second, something those Other Civilized Nations that are always being extolled in the gun debate don’t have.

Created by, inspired by, and led by students across the country, we …

Not to be pedantic, but a serious petition should be written by someone  who can speak the language. Signers are created by students? It’s bad enough that they are being led by students, who are after all, students. They do not know enough, either through knowledge or experience, to be seriously participating in a complex policy debate, much less leading it.  “We, the undersigned adults who are duty-bound to be teaching and leading our rising generation, are allowing them to dictate to us.” Good plan. How can anyone sign such a petition and not hide their head under a bag?

…will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

This is pure appeal to emotion rather than reality. The existence of the right to own guns no more “risks lives” than the existence of anything else that is dangerous when misused. There are 10.6 deaths per 100,000 U.S. citizens due to guns according to latest statistics, including those of suicides and those killed by law enforcement. Three times that many die in alcohol-related automobile accidents. Nobody argues that we risk our lives because “someone” hasn’t taken “action” (aka, “do something,” “make it go away” “make us feel safe when nobody in a free society is ever safe”, aka. “ban and confiscate guns.”) regarding that risk we accept as part of living in a free society that includes jackasses, fools and criminals, and that’s just one of many.

There is no “epidemic” of school shootings. Students in school are safe; if they don’t feel safe, it’s because of fear -mongering from activists and the news media.

“We support the right of law-abiding Americans to keep and bear arms, as set forth in the United States Constitution.”

No, you obviously don’t. This is a pure lie (or inexcusable stupidity.) A movement called “Never Again” is either lying in its title by implying that any public policy, laws or regulations will guarantee no more gun deaths, in schools or anywhere else, or it is telling us its real purpose in the name, while lying about the movement’s real intent.

Many, many, if not most mass shooters were “law-abiding” until they started shooting. This statement either endorses pre-crime measures, profiling citizens to decide if they are a risk to eventually abuse gun rights—unconstitutional—is magical thinking, or is, again, a lie. The statement—and while it is always a fine time to talk about guns, it is never a fine time to resuscitate this zombie tautology that the NRA has been knocking down for decades—is self-rebutting.  Laws only affect law-abiding people, as long as they obey laws. Restrictive gun laws are violated by criminals, because they don’t obey laws. Nobody has ever explained how a law will not infringe “ the right of law-abiding Americans to keep and bear arms” while somehow keeping the same kinds of arms out of the hands of those who are not law-abiding. This is because it’s impossible.

“But with that right comes responsibility.”

As an ethicist, I object to a cynical use of the language of ethics to deceive, which is what this is. If the topic is responsibility, then we are talking about law-abiding citizens again, as well as ethical ones. They usually don’t use guns irresponsibly, or if they do (like killing themselves), such irresponsible use is not addressed by the measures proposed here. If I am a law-abiding citizen, I won’t be more likely to abuse my gun ownership whether I have had a background check or not. Irresponsible gun ownership includes not keeping guns where children—you know, citizens the age of the people “leading” those who sign the petition—can find them and hurt themselves and others. It includes not learning how to use a gun safely and appropriately. This petition isn’t about promoting responsible gun ownership. It’s about replacing the right to own guns responsibly with the right to own sling-shots.

We call on all the adults in Congress elected to represent us, to pass legislation that will protect and save children from gun violence.

There it is: “Think of the children!” A pure, unadulterated, inexcusable appeal to emotion over facts and reason. Continue reading →

Baseball’s Intrusive Domestic Abuse Policy

/ Jack Marshall / 5 Comments

Last year I wrote about Major League Baseball’s domestic abuse policy, which is, pardon the pun, bats. Here is another example.

Red Sox knckcle-baller Steven Wright has been suspended for 15 games under the MLB-MLBPA Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Fifteen games is a lot: that’s three starts for a starting pitcher like Wright, and almost 10% of a player’s salary. Wright’s salary is about a million dollars for the upcoming season, and unlike an established star, he isn’t a multi-millionaire. Losing about a hundred grand will hurt, and not just him, but his whole family.

The suspension relates to a mid-December incident in Tennessee in which Wright was arrested and charged with domestic assault and prevention of a 911 call.  Wright was not charged with physical abuse to his wife or any other household members; this was apparently “verbal abuse”—the pitcher’s conduct was so emotional and threatening that his wife was frightened. A plea deal has the charges on the road to being discharged if Wright does not commit any infractions in the next year. He has told reporters that he and his wife are being counseled.

Never mind: Baseball Commissioner Rob Manfred suspended him anyway, under this policy: Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma”[Item #3]

/ Jack Marshall / 5 Comments

Observations:

1. I love it when I am out of the office all day and return to find that my desperately rushed post in the morning spawned multiple donnybrooks.

2.  If this were baseball, Mrs. Q would be leading the Ethics Alarms League in batting average. Her Comment of the Day/Comments average leads the pack.

3. This quote…

“If someone were to ask me “what do you want most from our society today?” I’d answer, to have people mind their own business, not assume I’m needing a leg up, and honor those who honor family, faith, and free thought.”

…is as smart, powerful and profound a statement as any that have appeared on Ethics Alarms in nine years.

Here is Mrs. Q’s Comment of the Day on #3 in the post, Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma: 

How do we as a society make things more fair for a variety of minorities, based on a history of unnecessary biases?

I don’t think it’s possible to make everything equal for everyone forever and always. It’s a nice idea but I’m called to remember the book “The Lathe of Heaven” where the therapist manipulates his patient into “making the world a better place” with disastrous results. For example in trying to solve overpopulation, millions die. In another, an attempt at solving racism turns everyone grey.

The song by Tears for Fears, “Everybody Wants to Rule the World” highlights another dilemma in attempting to make things as we wish:

“All for freedom and for pleasure
Nothing ever lasts forever”

There is simply no way to obliterate prejudice. There will always be poor folks, enslaved folks, downtrodden folks, and people who get treated like crap for one reason or another. Obviously this doesn’t mean we stop caring or making effort to be kinder people, which includes examining institutional racism, homophobia, etc. However any “peace” we make won’t last in the next generation or the one after that because some other disparity will always present itself. This is the way of life and the evidence of history from the Egyptians to the Jews to women today being trafficked. So how do we balance the scales for minorities here in the US? Continue reading →

Morning Ethics Warm-Up, 3/23/18: The All-Disposable Edition…Legal Ethics, Budgets, And Grocery Bags

/ Jack Marshall / 10 Comments

Good Morning…

1. More Professionals Behaving Badly: The news media has widely reported that Ted Olson of the law firm Gibson Dunn refused Donald Trump’s request for his legal services. Olson, who is best know for arguing  the Bush side of Bush v. Gore that ended the 2000 Florida recount,  had declined to comment on this to the media but a partner in the firm Gibson Dunn’s “global co-chair” issued a tweet that Olson was not going to be representing the President. This is a straight-up violation of an attorney’s ethical duty  of confidentiality to a prospective client.

In other Trump lawyer news, the media is also widely reporting that John Dowd resigned from the President’s legal team over the President’s refusal to accept Dowd’s advice that he not agree to give testimony to the Special Prosecutor. Telling the news media that—telling anyone that—would also be a breach of confidentiality on Dowd’s part.

2. Per se legislative incompetence. Once again the Senate and the House passed a huge bill with massive implications and consequences without reading it. The legislation funds the federal government for the remainder of the 2018 budget year, through Sept. 30, directing $700 billion toward the military and $591 billion to domestic agencies. The military spending is a $66 billion increase over the 2017 level, and the non-defense spending is $52 billion more than last year. It also further explodes the deficit and the debt that bring the United States one step closer to a ruinous financial reckoning. The Democrats have been happily on this path for the entire 8 years of the Obama administration, but the Republicans rode to power in part because the public recognizes how insane this is. The GOP couldn’t even muster a cut in the arts spending that it has been promising since the Reagan administration, or to finally cut ties with public television, though Big Bird fled the nest years ago. Continue reading →

Morning Ethics Warm-Up, 3/22/18: Nanoo Nanoo, And The Oxford Comma

/ Jack Marshall / 54 Comments

Good Morning!

1 . From the “Oh, Come on!” files. As I have mentioned here several times, Georgetown Law professor Professor Paul Butler decided to ambush me with a cheap shot on NPR last year, interjecting “Oh come on!” as I was explaining how a celebrity or prominent man’s inappropriate sexual advances could be initially welcome to a female subordinate, and then later, after, say, the same celebrity is regarded as toxic by that woman’s peer group, what were originally “welcome” (or not unwelcome) attentions could become retroactively unwelcome, prompting an accusation of sexual harassment. I was 100% correct. Last month, in an email exchange on ten topic with the NPR host, I was told that both she and the professor thought I was making excuses for Donald Trump.

Thus does Trump hate and bias make intelligent discourse increasingly difficult. If I had used Al Franken as my example instead of the President, I presume my commentary would not have been kneecapped. But I digress…

In jaw-dropping revelations in a new book coming out in May, actress Pam Dawber and others describe how co-star Robin Williams often treated her and other actresses on the set of “Mork and Mindy.” The book discusses Williams’ “improvisations”…

[M]any of these additions were sexual and directed at the women in the cast, such as when he goosed the actress who played Mindy’s grandmother with a cane.

[Director Howard] Storm said: ‘I’m standing there watching this and I’m thinking, “oh my god” and I just laughed. I thought she was going to turn and say: “How dare you stick a cane in a woman’s ass?” That sweet old lady.’There was nothing lascivious about it, in his mind. It was just Robin being Robin, and he thought it would be funny. He could get away with murder.’

Other times Williams would grab Dawber’s bottom or her breasts simply because he was ‘bored.’ 

‘He’d be doing a paragraph and in the middle of it he would just turn and grab her ass. Or grab a breast. And we’d start again. I’d say, “Robin, there’s nothing in the script that says you grab Pam’s ass.” And he’d say: “Oh, ok,”‘ Storm added.  

Garry Marshall, the producer of the show, said: ‘He would take all his clothes off, he would be standing there totally naked and she was trying to act. His aim in life was to make Pam Dawber blush.’

But Dawber remained unfazed, she admits: ‘I had the grossest things done to me – by him. And I never took offense. I mean I was flashed, humped, bumped, grabbed. I think he probably did it to a lot of people…but it was so much fun.

‘Somehow he had that magic. If you put it on paper you would be appalled. But somehow he had this guileless little thing that he would do – those sparkly eyes. He’d look at you, really playful, like a puppy, all of a sudden. And then he’d grab your tits and then run away. And somehow he could get away with it. It was the Seventies, after all’.

Wait: if it was the 70’s, does that mean that in the parallel universe where Robin Williams has conquered his demons and is running for the U.S. Senate as a Republican (those parallel universes are funky, let me tell you), Dawber couldn’t come out and destroy his candidacy by describing his outrageous behavior? Does it mean everyone would say that she was being unfair, and that she wouldn’t be lionized as another #MeToo hero?

Continue reading →